Terms of Service and Sale
Last updated: October 1, 2025
1. Definitions and purpose
WeSmart, a public limited company with capital of 3,104,350 euros, whose registered office is located at Avenue Louise 231, 1050 Brussels, Belgium, registered with the Brussels RCS under number BE 0749.518.669, represented by its President Mr. François Bordes.
These General Terms of Use and Sale ("Terms") govern the use of WeSmart services and platforms, including:
- Nexgen platform for energy community management
- EMS energy optimization system
- Support and consulting services
- QuickScan simulation tools
2. Acceptance and modification
Use of our services implies full acceptance of these terms. WeSmart reserves the right to modify these terms at any time, with 30 days' prior notification to active users.
3. Services provided and WeSmart obligations
WeSmart offers online services and information tools intended for energy project managers and energy community participants. Our services include:
3.1 Software platforms (SaaS)
- Access to energy management interfaces
- Monitoring and optimization of energy flows
- Reporting and analysis tools
- Best efforts obligation: WeSmart commits to maintaining platform access with a target availability rate of 99% annually
3.2 Support services
- Feasibility studies and technical advice
- User training and support
- Integration with third-party systems
4. Commercial conditions and payment terms
4.1 Pricing
WeSmart service rates are defined in specific quotes and contracts. Unless otherwise stated, all prices are expressed excluding taxes.
4.2 Payment terms
- Payment period: 30 net days from invoice date
- Accepted payment methods: bank transfer, direct debit
- Invoices are sent electronically unless otherwise requested
4.3 Late payment and penalties
In case of late payment, amounts due automatically bear interest at an annual rate of 8% (ECB rate plus 10 points), without prior notice.
Added to interest penalties:
- Fixed recovery compensation: 40 euros minimum per unpaid invoice
- Additional recovery costs: upon justification of actual costs
- Service access suspension after 15 days delay, without prejudice to other remedies
4.4 Payment guarantees
WeSmart reserves the right to require payment guarantees (surety, bank guarantee) for contracts exceeding 25,000 euros or in case of payment delay history.
5. Client obligations and responsibilities
5.1 Compliant use
The client commits to:
- Use services in accordance with their purpose and best practices
- Respect intellectual property rights of WeSmart and third parties
- Not attempt to bypass security measures
- Maintain confidentiality of access credentials
5.2 Data provision
The client guarantees the accuracy of provided data and has necessary authorizations for their processing by WeSmart.
6. Intellectual property
All elements of WeSmart platforms (software, algorithms, interfaces, documentation, trademarks) remain the exclusive property of WeSmart. The client only benefits from a personal and non-transferable right of use.
Any unauthorized reproduction, adaptation or distribution constitutes counterfeiting subject to civil and criminal sanctions.
7. Liability limitation and disclaimer clauses
7.1 Nature of services
WeSmart offers online services and information tools for project managers and participants. WeSmart cannot commit to data published or provided by third parties (network operators, energy suppliers, etc.).
7.2 Energy community operation
WeSmart cannot be held responsible for the actual operation of energy communities, including:
- Decisions made by participants or community managers
- Actual energy performance of installations
- Regulatory changes impacting energy communities
- Technical failures of third-party equipment (meters, inverters, etc.)
7.3 General liability limitation
WeSmart's liability is expressly limited:
- Best efforts obligation: WeSmart is only bound by a best efforts obligation and not a results obligation
- Capping: Total damages cannot exceed the amount paid by the client for the current calendar year
- Exclusion of indirect damages: WeSmart cannot be held responsible for indirect damages, including loss of profit, clientele, operation or data
7.4 Exemption cases
WeSmart is exempted from all liability in case of:
- Force majeure or unforeseeable facts independent of its will
- Telecommunications or Internet network failures
- Non-compliant use of services by the client
- Scheduled maintenance interruption (with 48h notice)
8. Personal data protection
Personal data processing is subject to our Privacy Policy accessible on our website, established in compliance with GDPR.
9. Duration and termination
9.1 Duration
Service contracts are concluded for the duration mentioned in specific conditions, with automatic renewal unless terminated.
9.2 Termination for fault
Each party may terminate the contract in case of serious breach by the other party, after formal notice remaining without effect for 15 days.
WeSmart may suspend or immediately terminate service access in case of:
- Non-payment after formal notice
- Fraudulent or abusive use of services
- Breach of system security
10. Regulatory compliance and changes
10.1 Compliance
WeSmart strives to maintain its services in compliance with applicable regulations, particularly in energy and data protection matters.
10.2 Regulatory adaptation
In case of major regulatory changes impacting services, WeSmart reserves the right to adapt its services and rates, with 60 days' notice.
11. Dispute resolution
11.1 Mediation
In case of dispute, parties strive to find an amicable solution. Otherwise, mediation may be organized.
11.2 Competent jurisdiction
Any dispute falls under the exclusive jurisdiction of Brussels courts, Belgium.
Belgian law applies to these terms.
12. Miscellaneous provisions
12.1 Assignment
The client cannot assign their rights and obligations without prior written agreement from WeSmart.
12.2 Partial nullity
If a clause in these terms were declared null, other provisions would remain applicable.
12.3 Electronic evidence
WeSmart's computerized records constitute proof of communications and transactions.
13. Contact and complaints
Customer service: contact@wesmart.com
Legal service: legal@wesmart.com
Address: Avenue Louise 231, 1050 Brussels, Belgium
These terms apply from their publication and replace any previous version.